Access Now, Inc. v. Southwest Airlines Company
United States Court of Appeals for the Eleventh Circuit
385 F.3d 1324 (2004)
- Written by Jennifer Flinn, JD
Facts
Access Now, Inc. (Access Now) (plaintiff) was an advocacy organization for individuals with disabilities. Access Now filed a lawsuit against Southwest Airlines alleging that its website, Southwest.com, was inaccessible to blind individuals, thus violating Title III of the Americans with Disabilities Act (ADA). Specifically, Access Now argued that Southwest.com was a place of public accommodation under Title III. Southwest Airlines filed a motion to dismiss. The trial court granted the motion to dismiss, ruling that Southwest.com was not a place of public accommodation covered under Title III. Access Now appealed. In its brief to the appellate court, Access Now did not argue that Southwest.com was a place of public accommodation. Rather, Access Now argued to the appellate court that Southwest Airlines was a place of public accommodation because it operated a travel service and that there was a sufficient nexus between Southwest.com and Southwest Airlines’ physical location as to render Southwest.com a covered accommodation under Title III.
Rule of Law
Issue
Holding and Reasoning (Marcus, J.)
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